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Smacking puts children at risk of “really significant physical harm”, leading children’s doctors have said as they call for an end to the “Victorian” punishment.
The Royal College of Paediatrics and Child Health (RCPCH) said smacking children should be consigned to the history books as one senior medic made an emotional plea for politicians to back a smacking ban.
Medics urged those opposing a smacking ban to look at the scientific evidence which shows that smacking causes physical and emotional damage and “doesn’t benefit them in any way whatsoever”.
According to the Children Act 2004, it is unlawful to hit your child, except where it is “reasonable punishment”, and this is judged on a case-by-case basis.
Now the College is calling on parliamentarians to back an amendment to the Children’s Wellbeing and Schools Bill which would remove the “reasonable punishment” defence from law in England.
Professor Andrew Rowland, a consultant paediatrician and RCPCH officer for child protection, told the PA news agency: “There is an amendment for the Children’s Wellbeing and Schools Bill that we would like to see passed, which would remove the defence of reasonable punishment.
“That defence of reasonable punishment of children in England has been around since 1860 but, in recent legislation, it was introduced in the Children Act of 2004.
“Now is the time for this Victorian-era punishment to go and the Children’s Wellbeing and Schools Bill amendment will do that if passed.”
Some 67 countries around the world have already adopted smacking bans, with a further 20 committing to do so, he said.
“The best scientific evidence I’ve got is that physical punishment of children undoubtedly harms children’s health on a population basis,” Prof Rowland said.
“It harms their physical health, places them at increased risk of serious physical assault, it harms their mental health and it harms their emotional health and their wellbeing – all of that is shown in robust scientific evidence.
“There have been no robust scientific studies that have shown that physical punishment of children has any positive effect.
“So it’s not just that the use of it harms children, it also doesn’t benefit them in any way whatsoever.”
The amendment calls for the “abolition of common law defence of reasonable punishment”.
Prof Rowland added: “It’s not a new law, it’s just removal of a technical defence.”
“First of all, prohibit a technical legal defence, remove that from legislation, and, secondly, engage with families in the lead-up to that becoming law.”
He said the opportunity for change is “right now”, adding: “If it’s not now, there is a real risk that there won’t be time throughout the remainder of this Parliament to bring in the legislation that children need, that they deserve, and actually that they’re entitled to.
“So this has to be the moment to act.”
Calls to introduce a smacking ban intensified after the death of 10-year-old Sara Sharif.
Sara was murdered in August 2023 after a two-year “campaign of torture” at the hands of her father and stepmother.
Asked about the case, Professor Rowland said: “What happened to Sara was absolutely horrendous, and I can say that as a paediatrician, but also as a member of the public, that no child should suffer as Sara suffered.
“But I understand there’s going to be an inquiry. It would be premature for any organisation to prejudice the outcome of that inquiry.”
He went on: “Unrelated to Sara’s case, we know that the international evidence is that children who are physically punished are at risk of serious physical assault – that’s been shown academically.
“So we know that physical punishment on a population basis does place children at risk of really significant physical harm. If we want to stop that, the first step has got to be to remove the defence of reasonable punishment.
“That will make it easier – easier for people like me as a paediatrician working in child protection services, for social workers, for police officers, to draw a line and say there are never any circumstances involved where physical punishment of children is ever legal.
“Let’s move forward from that and help families to find a way to modify their children’s behaviour, to help them grow up happily, healthily and safe from harm in a way that doesn’t involve violence.”
Labour MP Jess Asato, who tabled the amendment, told PA: “The health impact evidence of assault on children is clear, and that’s why so many other countries, including Scotland and Wales, have now ensured that children have equal protection from assault and battery.
“Physical punishment is as outdated as it is harmful – and it’s been long since time to put an end to it.
“The Government now has the opportunity to protect children by legislating to bring in this important measure in the Children’s Wellbeing and Schools Bill.”
A poll of 3,500 adults in England carried out by YouGov on behalf of the NSPCC in January 2024 found that 71% think smacking, hitting, slapping, or shaking a child is not acceptable.
Joanna Barrett, associate head of policy at the NSPCC, said: “We stand in support of the Royal College’s calls for children to be given the same protection against physical punishment as adults, and it’s clear the obvious next step is to amend the Children’s Wellbeing and Schools Bill to remove the ‘reasonable punishment’ defence.
“Physical punishment can have a detrimental impact on a child’s wellbeing. It has been associated with depression, anxiety, increased aggression and anti-social behaviour.
“The defence as it stands creates significant safeguarding issues, and we only need to look to recent safeguarding reviews to see how it can turn a child’s safety into a matter of judgment.
“Reviews highlight how the law, and the lack of clarity about what is reasonable and what is not, creates difficulties for professionals in assessing and responding to risk.
“Legal change must happen urgently, because right now we know physical punishment remains a part of childhood for too many young people in England.”
Published: by Radio NewsHub
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